The City Council’s Rules of Procedure define the organization of the Council, filling vacancies, and outlines expectations on how Council meetings are conducted. The Rules of Procedure also address the Council’s role and expectations with regard to committees.
The areas covered by the rules of procedure are:
1. Organization of the Council.
2. Attendance of members.
3. Order of business and organization of Council agenda.
4. Public hearings process.
5. Motions.
6. Debate.
7. Questions decided without debate.
8. Voting.
9. When Council members shall vote — personal interest.
10. Quorum.
11. Meetings.
12. Decorum.
13. Privilege to address the Council — by Mayor, Administration, Public.
14. Personal privilege — protest.
15. Ordinances.
16. Reconsideration.
17. Vetoes.
18. Committees. Special, Ad hoc, Joint Committee at request of the Mayor, and Oversight.
19. Suspension of the rules.
20. Amendment, revision or addition to rules.
1. Organization of the Council
A. Election of the Council Chair and Vice Chair
The City Council of Ogden City shall annually elect from among its members a Chair and Vice Chair, as provided in Section 1.06.060 of the Ogden Municipal Code and Section 10-3-1213, Utah Code Annotated, with such Council leadership positions for the purpose of these Rules of Procedure and Council dealings, operations and records to be known and referred to as the Chair and Vice Chair. In even-numbered years, election shall take place during the Council meeting held at 12 o’clock noon on the first Monday of January, after the induction into office of newly elected Council members. In odd-numbered years, the election shall occur at the first regular Council meeting in January.
Separate nominations shall be accepted for the Chair and Vice Chair positions. Any Council member may nominate another Council member or himself/herself. Once nominations have been made, the Council members shall vote verbally for the candidate of their choice, first for the Chair and then for the Vice Chair, and their votes shall be recorded as part of the public record. Election shall require a majority vote of Council members; i.e., four (4) votes.
The Chair and Vice Chair shall serve from the date of the election until selection of their successors in the following years.
In the event of a vacancy in the position of Chair, the Vice Chair shall become Chair and shall serve the remainder of the term. A vacancy in the position of Vice Chair shall be filled by election in the manner prescribed in these rules.
B. Powers and duties of the Chair and Vice Chair
It shall be the general duty of the Chair:
1) To preside at all City Council meetings.
2) To sign all ordinances and resolutions passed by the Council.
3) To receive all messages and communications from the Mayor and others addressed to the Council as a body and be responsible to convey all such messages and communications to the rest of the Council members.
4) To sign all correspondence determined by the Council members to be representative of the Council as a whole.
The Vice Chair, during the absence of the Chair, shall have and perform all the duties and functions of the Chair.
In the event of the absence of, or disability of, both the Chair and the Vice Chair, the immediate past Chair, if still serving on the Council shall temporarily serve as Chair until the Chair or Vice Chair so absent or disabled shall return or the disability shall be removed, as the case may be. In the event the immediate Past Chair is absent or disabled, or is no longer serving on the
Council, the City Council shall elect a temporary Chair to serve until the Chair or Vice Chair so absent or disabled shall return or the disability shall be removed, as the case may be. In such event, past Chair or the temporary Chair shall have all the powers and perform the functions and duties herein assigned to the Chair.
2. Attendance of members
Every Council member shall be present during the meetings f the Council unless duly excused or necessarily prevented.
3. Order of business and organization of Council agenda
A. Daily order of business
The Council shall consider business at regular meetings in substantially the following order;
1) Roll Call
2) Pledge of Allegiance
3) Moment of silence.
4) Approval of minutes
5) Introduction of guests
6) Consideration of ceremonial resolutions and memorials
7) Requests to be on agenda
8) Common Consent Agenda
9) Public Hearings
10) Reports from/to Planning Commission
11) Administration Reports
12) Unfinished Business
13) New Council Business
14) Public Comments
15) Comments
a) Administration
b) Council Staff
c) Council members
16) Adjournment
B. Roll call. At all meetings before proceeding to business, the roll call of the Council members shall be taken and the names of those present and those absent shall be entered on the record.
C. Introduction of guests. This is an opportunity for the Council or Administration to introduce any special guests attending the meeting.
D. Ceremonial resolutions.The individual being honored is asked by the Chair to step to the podium. The Council member who requested the resolution be drafted, reads the resolution or defers to another Council member. The Council member who read the resolution makes a motion to adopt it, there is a second, and the Council votes. The person being honored (or member of the family/business) is asked to comment. The Council Chair asks the person to come forward to allow the Council to congratulate them. Council members stand and shake the person’s hand.
E. Common consent agenda. The Common Consent Agenda is defined as that class of Council action which requires no further discussion or which is routine in nature. All items on common consent shall be adopted by a single motion. Prior to the motion to adopt the Common Consent Agenda, any Council member may have any item removed in order to permit discussion on that item without the necessity of a motion or a vote for removal of such item. If a majority of the Council members present at the Council meeting vote in favor of adopting the Common Consent Agenda, every, item on the Consent Agenda shall be adopted.
F. Public hearings. Public hearings shall consist of those items for which the Council would like to receive public comment. Such hearings shall include, but not be limited to, those requiring legal advertisement under State Law.
G. Reports from/to the Planning Commission. The Commission representatives and/or the Planning Staff review with the City Council recommendations from the Commission. The Council also may request consideration of an issue by the Planning Commission.
H. Administration reports. The Mayor or his/her staff may request that reports and/or recommendations for action be added to part of the agenda.
I. Unfinished Council business. The Unfinished Council Business section shall consist of those items which have been considered previously by the Council and are presented for further discussion or action.
J. New Council Business. The New Council Business section of the Council agenda is defined as the introduction of new items or issues for Council discussion or decision. New Council Business shall include the introduction of new ordinances unless appropriate for the Common Consent Agenda or Administration Reports.
K. Public Comments. Any member of the audience may address the Council at this time.
L. Comments. Any Council member, the Mayor, members of the Administration, or Council Staff may request time to address the Council on matters of City business.
M. Out of Order. The Council may, by motion and majority vote, proceed out of order to any order of business or return to any order already passed.
4. Public hearings process
A. Introduction of the issue is given by the Chair.
B. Administrative or Council Staff gives an overview.
C. Applicant/petitioner makes his/her presentation, if applicable.
D. The public is asked to comment.
E. The Council closes or continues the public hearing.
F. The Council members then discuss the issue amongst themselves.
G. Action by the Council: approve, not approve, approve with changes, or table/continue.
H. The Chair then asks if the public or Administration has any questions about the action taken by the Council.
5. Motions
A. No motion shall be debated until it has been seconded and announced by the Chair.
B. Any motion may be withdrawn or modified by the sponsor of the motion, with the consent of the second, at any time before amendment, decision or voting.
C. When a question is under debate, the Council Chair shall entertain no motion except the following procedural motions, whose passage shall require the affirmative vote of a majority of the members present.
1) To adjourn
2) To recess
3) To take up a question out of its proper order
4) To move the previous question
5) To postpone to a day certain
6) T refer to a committee (commit or recommit)
7) To limit debate
8) To lay on the table (limited solely to Council meeting at which proposed)
9) To amend
D. Such motions shall take precedence in the order moved.
E. Any substitute motion or amendment must relate to the same subject as the original ordinance, item or resolution under consideration. A vote on motion to amend a motion shall be taken first before action on the original motion. An affirmative vote on the amended motion negates consideration of the original motion.
6. Debate
A. The Council Chair shall recognize any Council member requesting recognition to speak, debate, give a notice, make a motion, submit a report or for any reason address the Council, unless a motion taking precedence is offered.
B. The Council Chair shall recognize the author of the motion first and then others wishing to address the motion, with the author of the motion providing the summation.
C. During debate, the presiding officer shall be responsible for maintaining order. If, in the opinion of the presiding officer, private discourse among or between Council members or any other disturbance disrupts the Council’s business, the presiding officer may call the Council to order. If the presiding officer calls the Council to order, all Council business shall cease until such time as the presiding officer resumes the Council’s business.
D. Any Council member may make a motion that the Council be called to order.
E. All Council members shall be allowed to speak at least once on any subject.
7. Questions decided without debate
A. To adjourn
B. To recess
C. Questions relating to order of business
8. Voting
A. Voting shall be in the form of “yes” or “aye”, “no” or “nay”, and “abstain”, and the names of those voting for, against or abstained entered in the Council minutes.
B. All votes requiring a majority shall be a majority of those members present, except where State Law or Council rules require or authorize otherwise.
C. An expression of “abstain” during voting shall not be considered as an affirmative or a negative vote. A Council member who “abstains” on a question or is “absent” on a question may not move reconsideration of the question under rule relating to reconsideration.
D. In the case of a tie vote, the motion shall fail.
E. Any Council member may change his or her vote prior to the closing of the vote by the Chair.
F. A Council member desiring to explain his/her vote during the call of the roll or at the time of a voice vote may do so.
G. No Council member shall be permitted to vote on any question unless s/he shall be present, either physically or via electronic means pursuant to 52-4-7.8, Utah Code Ann., and as provided in subparagraph below, when the vote is taken and when the result is announced. No Council member shall give his/her proxy to any persons whomsoever and no pairing of the vote of an absent Council member against the vote of a present Council member shall be permitted.
H. The following supplemental rules and procedures will be utilized for electronic meetings held pursuant to 52-4-7.8, Utah Code Ann.:
1) The anchor location will be located at 2549 Washington. Blvd. City Council Chambers or Suite 310, Ogden, Utah 84401, or at such other location as designated by the Council in accordance with paragraph I 2.A of these rules.
2) Notices of such meetings shall comply with the special noticing requirements of 52-4-7.8(3)(b), in addition to the general requirements of 52-4-6.
3) A Council member may request participation in an electronic meeting by notifying the City Council Executive Director, or the Executive Director’s designee, by the Wednesday immediately preceding the date of any regular Tuesday meeting, or six days prior to the date of any scheduled special meeting.
Exceptions to the request timeframe may be made at the discretion of the City Council Chair if an emergency occurs for a Council member as long as the requirements for noticing the meeting are followed. The Council member participating electronically will be connected to the electronic meeting via telephonic or telecommunications means sufficient to meet the requirements of 52-4-7.8. Council Staff will coordinate the arrangements for the electronic meeting.
9. When Council members shall vote – personal interest
A. Every Council member who is in the Council Chambers when a question shall be stated from the Chair shall vote, but no Council member shall be obliged to vote upon any question unless s/he shall be within the Council Chambers when
his or her name is called. Any member entering the Chamber after the question is stated and before it is decided, may have the question stated, cast his or her vote, and be counted.
B. Any Council member who has an immediate or direct financial interest in any item pending before the Council shell disclose this fact to the Council at the time the vote is called and shall “abstain” upon such bill or measure. The Council member declaring such interest shall then leave the room during the discussion and vote on that item.
10. Quorum
Four Council members shall constitute a quorum thereof for the transaction of all business except where unanimous consent of all members is required. Except as otherwise required by law (such as in case of the adoption of the budget), or otherwise specifically provided in these rules, a majority vote of the Council members present at a meeting shall be required and shall be sufficient to transact any business before the Council.
11. Meetings
A. Place. All regular meetings of the Council shall be held in the Council Chambers located on the third floor of the Ogden City Municipal Building, 2549 Washington Boulevard, Ogden, Utah, or at such other place in Ogden City as the Council may designate. The time and place for holding a Council meeting at a place other than such Council Chambers shall be fixed by
resolution adopted by the Council not more than forty (40) days and not less than seven (7) days prior to that meeting. A regular meeting having been convened at the place designated may be adjourned by the Council to any other’ place within Ogden City for the purpose of investigating some particular matter of business which may be more conveniently investigated at such other place or if it is determined in the public interest to do so.
B. Regular meetings - time and notice. Commonly, regular meetings of the City Council shall be held on the first, third and fourth Tuesday of each month at the hour of 5:00 p.m. in the Council Chambers at 2549. Washington Boulevard. The City Recorder shall, not later than the day immediately preceding such regular meeting and not earlier than the Friday preceding such meeting, notice each Council member that such meeting will be held at the time specified. Such notice may be given orally, by telephone, or through the United States mail as the City Recorder may elect, but if notice is given by mail, such notice may be mailed by first class mail directed to the Council member to be notified at his or her place of residence not later than Tuesday immediately preceding such meeting.
C. Special meetings - call. A special meeting of the Council may be called at any time by the Chair or by any four Council members by a written call filed ‘with the City Recorder which shall state the time and purpose of the meeting. A special meeting of the Council shall be called at any time upon the written request of the Mayor.
D. Special meeting - notice. Written notice shall be given to each Council member of the time and purpose of every special meeting of the Council at least one (1) day prior to such meeting. Such notice shall be delivered to each Council member personally or may be given by first class United States mail directed to the Council member so to be notified at the place of residence and mailed not less than two days prior to the time fixed for such special meeting. It is specifically provided, however, that any Council member may in writing waive prior notice of the time, place and purpose of such special meeting or such waiver, if made, shall be noted on the minutes of the meeting and filed in the office of the City Recorder.
E. Emergency meetings. Emergency meetings of the Council may be held to consider matters of an emergency or urgent nature, if the circumstances are unforeseen. Emergency meetings may be called by either the Council Chair or by the Mayor. No such emergency meeting shall be held unless an attempt has been made to notify all of the Council members and a majority of the Council votes in the affirmative to hold the meeting.
F. Open meetings law. All meetings of the Council shall be conducted and noticed in conformance with the requirements of the Open and Public Meetings Law of the State of Utah.
12. Decorum
A. No Council member shall walk across or out of the Chambers while the Presiding Officer is calling the question.
B. Council members should avoid engaging in private discourse or committing any other act which may tend to distract the attention of the Council or the audience from business before the Council; or which might interfere with any person’s right to be heard after recognition by the presiding officer.
C. When speaking or debating before the Council, all persons including Council members, shall confine their remarks to the question under discussion or debate, avoiding comments on personalities. Anyone engaging in discussion or debate beyond the question before the Council shall be directed to stop by the presiding officer, and no further discussion or debate will be allowed by said person.
13. Privilege to address the Council - by Mayor, Administration, Public
A. Any Council member may request time to address the Council on behalf of the public on any matter the Council member deems appropriate.
B. The Mayor, any member of the Administration, or the public may request time to address the Council. The presiding officer shall recognize the request and shall determine the length of time allotted to address the Council.
C. No one may address the Council without first receiving the recognition of the presiding officer.
14. Personal privilege - protest
A. Any Council member may, as a matter of personal privilege, speak for a period not longer than ten minutes upon such matters as may collectively affect the Council, its rights, its dignity, and the integrity of its proceedings, or the rights, reputation and conduct of its individual members in their official capacities only.
B. Any Council member shall have the right to protest any action of the Council, stating the reasons therefore, and have the same entered in the minutes, provided such reasons do not impugn the motives or character of any Council member.
15. Ordinances
A. Every ordinance proposed shall be introduced in writing in the form in which it is proposed to be finally passed.
B. If required by law, or otherwise desired by the Council, the Council shall forthwith fix the date and time for a public hearing on the proposed ordinance. If noticing standards for a required public hearing are not provided by ordinance or statute, or, if the City Council has not indicated an alternative form of noticing for any public hearing which is discretionary on the part of the Council, the City Recorder shall provide notice of the public hearing in the following manner:
1) The notice shall be published at least once in a newspaper of general circulation in the City.
2) The published notice shall appear at least seven days prior to the time advertised for hearing.
3) The notice shall include the time ‘and place of the hearing and a description of the ordinance in brief and general terms.
4) The notice shall state the proposed ordinance is available for public inspection in the Office of the City Recorder.
C. Any amendments to a proposed ordinance shall be made to the ordinance prior to its final consideration and adoption. Such amendment will be noted in the Council minutes.
16. Reconsideration
A. Any Council member who has voted with the prevailing side of a question may move at the same meeting to reconsider the question at the same meeting, or at the next available Council meeting. If a question has failed by a tie vote, members who voted against the question shall be considered to be on the prevailing side.
B. A motion to reconsider shall require the affirmative vote of a majority of the Council members present and voting.
17. Vetoes
A. In the event the Mayor vetoes an ordinance, tax levy, or appropriation duly passed by the Council, said ordinance, tax levy, or appropriation shall be scheduled for consideration by the Council at its next regularly scheduled meeting after the first agenda meeting at which the disapproved ordinance was available for City Council reconsideration.
The Mayor has 15 calendar days from the date the ordinance is delivered to the Mayor’s Office to veto (per Municipal Code 2-8-2). The last day cannot be a Saturday, Sunday, or any legal holiday (per Municipal Code 1-2-6).
B. A motion to override a veto by the Mayor may be substantially in the following formats:
1) “I move that all of the appropriation item(s) vetoed by the Mayor be approved and adopted again as part of Ordinance 200X-XX”
2) “1 move that the following appropriation items vetoed by the Mayor be approved and adopted again as part of Ordinance 200X- XX: (insert description).”
3) I move that Ordinance 200X-XX vetoed by the Mayor be approved and adopted again by the City Council.”
C. Upon reconsideration of an ordinance, tax levy, or appropriation vetoed by the Mayor, a two-thirds vote (5 of 7) of all Council members shall be required before said ordinance, tax levy, or appropriation can be recorded and in force.
D. Approval of an ordinance, tax levy, or appropriation vetoed by the Mayor shall not be reconsidered pursuant to section 18 of these rules.
18. Committees.Special, Ad hoc, Joint Committee at request of the Mayor, and Oversight.
A. The City Council may, from time to time, create, revise, or abolish any and all Council committees, or make any changes to the committee structure, subject to a 5 of 7 vote of the Council.
B. The City Council, by a 5 of 7 vote, may create by resolution any special or ad hoc committee for any specific purpose proper for Council consideration. When such committee is created, its purpose and a relevant time frame will be established. After the final report of the committee, the special or ad hoc committee of the Council will be abolished unless otherwise provided.
C. The City Council may resolve, either through a standing committee or as the Council as a whole, to sit as an oversight committee for the purpose of investigating items relating to the conduct of City business. However, no powers are accorded the committee other than those provided by State Law.
D. All meetings of Council committees, standing, ad hoc, oversight, shall provide notice in conformance with the Utah Open and Public Meetings Act.
19. Suspension of the rules
No rule shall be suspended except by a vote of two-thirds of the Council members voting, a quorum being present.
20. Amendment, revision or addition to rules
A. Any Council member or Council Staff may propose amendments, revisions, or additions to these Rules of Procedure.
B. Each amendment, revision, or addition proposed by a Council member or Council Staff shall be in written form, and copies shall be provided to each Council member.
C. Consideration of any amendments, revisions or additions to these Rules of Procedure shall be noticed on a Council Agenda in conformance with the Utah Open and Public Meetings Act.
D. A majority vote of all Council members shall be required for passage and adoption of an amendment, revision, or addition to these rules of procedure.
